Category: Judicial Review
Supreme Court Rules in Favor of Sri Lanka Savings Bank in Landmark Banking Dispute
1. Introduction The Supreme Court of Sri Lanka has delivered a decisive judgment in the case between Sri Lanka Savings Bank Limited (Plaintiff-Appellant) and Habib Bank AG Zurich (Defendant-Respondent), with Hatton National Bank Limited as the Substituted Defendant-Respondent. The case, registered as S.C. (CHC) Appeal No. 22/2010, arose from a banking dispute concerning the non-release of a deposit by the defendant bank.…
Judicial Review of Child Abduction Case: CA (CPA) 162/2022
Case Title: CA (CPA) Application No: 162/2022Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaHigh Court Case No: HC/SPL/20/2018Date of Decision: 03.03.2025Presiding Judges: S. U. B. Karalliyadde, J., Mayadunne Corea, J. Introduction This judicial review provides an in-depth analysis of the revision application filed against the order dated 08.12.2022 of the Provincial High Court of Western Province,…
Supreme Court Appeal No. 169/2015: Constructive Trust and Property Ownership Dispute
Introduction This report examines the Supreme Court of Sri Lanka case SC Appeal No. 169/2015, which involves a property dispute between Malagodage Iranganie (Plaintiff) and Malagodage Thilakeratne (1st Defendant) concerning the alleged existence of a constructive trust. The case initially went through the District Court and the Civil Appellate High Court before reaching the Supreme Court…
SC Appeal No. 166/2014: Enforcement of Performance Bonds in Sri Lanka
Introduction This report analyzes the Supreme Court of Sri Lanka case SC Appeal No. 166/2014, which arose from a dispute between K.D.A. Hettiarachchi (Plaintiff) and Ceylinco Insurance Company Limited (Defendant) regarding the enforcement of a performance bond. The case progressed through the District Court and the High Court before reaching the Supreme Court, which delivered its…
Judicial Review of Land Lease Cancellations in Case CA/WRIT/146/2018
Introduction The case CA/WRIT/146/2018 was adjudicated in the Court of Appeal of the Democratic Socialist Republic of Sri Lanka. The petitioners sought mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus under Article 140 of the Constitution. The petitioners included Forest Glen Hotel and Spa (Pvt) Ltd, Elk Plain Farm (Pvt) Ltd, and their…
Nagananda Kodituwakku v. Director General of Customs & Others
Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaCase Number: CA [Writ] Application No: 315/2018Judges: Dhammika Ganepola, J. and Damith Thotawatta, J.Decision Date: 14th February 2025 Introduction This report analyzes the case filed by Nagananda Kodituwakku in the Court of Appeal of Sri Lanka. The petitioner sought writs of Certiorari and Mandamus under Article 140 of the Constitution in the…
Judicial Review on SC Contempt No. 09/2024 against an Attorney at Law
1. Introduction This report provides an in-depth analysis of the case titled SC Contempt No. 09/2024 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka. The case involves an application under Article 105(3) of the Constitution read with Section 8 of the Contempt of Court Act No. 08 of 2024, against the Respondent, Wickramage…
Lagan International Limited vs. Janashakthi Insurance Company Limited (Alliansz Insurance Lanka Limited)
Court: Supreme Court of the Democratic Socialist Republic of Sri Lanka. Case No: SC/CHC/Appeal No: 52/2007. Date of Judgment: 25th February 2025 Presiding Judges: Murdu N. B. Fernando, PC, CJ, E.A.G.R. Amarasekera, J and Arjuna Obeyesekere, J Parties Involved: Background of the Case: The case arises from a contract dispute related to the Gan Airport Development Project in the…
Legal Analysis of the shareholder oppression and corporate mismanagement case against Harry Jayawardene in 2011
1. Introduction The Milford case is a legal dispute adjudicated in the Supreme Court of Sri Lanka, involving the shareholders and directors of Milford Exports (Ceylon) Ltd. The case primarily concerns allegations of corporate mismanagement, shareholder oppression, and procedural issues under the Companies Act No. 7 of 2007. This report comprehensively analyzes the case, its legal…
Issuance of a Dealership Agreement by the Ceylon Petroleum Corporation (CPC)
The Supreme Court’s ruling in SC/SPL/LA 266/2023 underscores the fundamental importance of judicial oversight, due process, and institutional accountability. The decision reaffirms that state institutions must exercise their discretion lawfully and transparently, ensuring that judicial orders are respected and implemented without bias. The Attorney General’s involvement in further legal proceedings will be crucial in upholding the integrity of public…
Judicial Review and Procurement Dispute: SC/FR/135/2023
1. Introduction The case SC/FR/135/2023 was filed by Sierra Construction Ltd. in the Supreme Court of Sri Lanka, invoking its fundamental rights jurisdiction. The petitioner contested the decision made by the Road Development Authority (RDA) and associated respondents, who rejected its bid for the rehabilitation and improvement of the B367 Piliyandala-Maharagama Road. The petitioner claimed that…
Judicial Review of Procedural Compliance: Analysis of SC/APPEAL/1/2025
Case No: SC/APPEAL/1/2025Parties Involved: Background of the Case This appeal arises from the order of the District Court of Panadura, which rejected the plaintiff’s list of witnesses and documents for being filed out of time. The High Court of Civil Appeal of Kalutara affirmed this decision. The Supreme Court reviewed whether the rejection of the plaintiff’s…
Wrongful termination of employment under TEWA
Case Details: Case Title: China Harbour Engineering Company (Lanka) Limited v. Commissioner General of Labour & OthersCase No.: C.A. (WRIT) 464/2021Court: Court of Appeal of Sri LankaJudges: Sobhitha Rajakaruna, J. & Dhammika Ganepola, J.Counsel: Malik Hannan for the Petitioner; Navodi de Zoysa, SC for 1st & 2nd RespondentsDecision Date: 19.01.2024 Background The Petitioner, China Harbour Engineering Company (Lanka) Limited, sought a…
Employer liability to pay additional gratuity
1. Case Details Madulsima Plantations PLC v. B.K. Prabath Chandrakeerthi and Others, a Writ Application (CA/Writ/345/2021) filed in the Court of Appeal of Sri Lanka. The case involves a dispute over gratuity payments under the Payment of Gratuity Act, No. 12 of 1983, and whether the petitioner, Madulsima Plantations PLC, was liable to pay additional…
Legal Analysis of S.C. (CHC) Appeal No. 22/2010: Pramuka Savings and Development Bank vs. Habib Bank AG Zurich
Introduction This report examines the Supreme Court of Sri Lanka’s decision in S.C. (CHC) Appeal No. 22/2010, a pivotal case involving a dispute over financial transactions between Pramuka Savings and Development Bank Limited (Plaintiff-Appellant), later substituted by Sri Lanka Savings Bank Limited, and Habib Bank AG Zurich (Defendant-Respondent). The core issue pertained to whether the Defendant Bank had a…